UN Resident Coordinator Raises Alarming Concerns: Proposed Laws Risk to Jeopardize Kyrgyzstan's Human Rights Gains and Achievement of Sustainable Development Goals

Dear organizers of the event,

Distinguished Member of Parliament,

Dear civil society and media representatives,

Dear guests from Embassies and the international community, international organizations, Ambassador Rogov,  and national and international Non-Government Organizations,

It is good to see so many of you present here today at this important and very timely roundtable, supported by the UN including OHCHR, to discuss some of the legislative initiatives currently under review.

With this being my fifth public intervention on behalf of the United Nations system in Kyrgyzstan on the same draft legislation since November 2022,  where I had offered our collective technical advice and recommendations, allow me to start today’s intervention with a clear statement: The United Nations in the Kyrgyz Republic are seriously concerned about numerous provisions contained in particular in the draft Law on Mass Media and the draft Law on “Foreign Representatives”.

We are seriously concerned not only because both draft Laws would fall short of Kyrgyzstan’s commitments under various international human rights Conventions which the country has signed and about which I have elaborated on in previous roundtables. And this regrettably at a time when Kyrgyzstan could be a role model for other countries in the region and globally as a member of the UN Human Rights Council. We are also seriously concerned because these draft Laws, if adopted and enforced, risk to undermine the achievement of the Sustainable Development Goals in Kyrgyzstan, or in other words, Kyrgyzstan’s national development priorities as enshrined in the country’s own Constitution as well as its development policies and strategies. And with this, if adopted, these Laws would do a disservice to the 7 million Kyrgyzstanis and deceive them in their aspirations and their hopes for a better life and a better future   

Allow me to elaborate on this particular aspect:

The UN Secretary General was very clear in his Call to Action for Human Rights in February 2020 that a

“society is stronger and more resilient when women and men can play a meaningful role in political, economic and social life, contributing to policy-making that affects their lives, including by accessing information, engaging in dialogue, expressing dissent and joining together to express their views”.

He placed an emphasis on freedom of expression and media, freedom of association, peaceful assembly and the right to participate in public affairs for two reasons: Firstly, these rights and freedoms constitute the cornerstones of a democratic society. The exercise of these freedoms enables independent media, journalists and bloggers, as well as civil society at large to verify and disseminate facts, to create spaces for ideas to be debated and for the voiceless to be heard and for the rights of the most vulnerable to be upheld.

And secondly, and interlinked with the first point, they also form the cornerstone of the Sustainable Development Goals (SDGs), the achievement of which is based, among other things, on the capacity and ability of all relevant stakeholders to deliver.

In Kyrgyzstan as elsewhere, the achievement of the SDGs, which form the basis of Kyrgyzstan’s national development priorities, not only requires close consultations with civil society representatives to respond to the needs of society – it is also very much based on the role of civil society actors as implementing partners of the Government and its development partners, to deliver essential services to the people.

For this to happen, civic space is needed, space which allows for free participation in public life to advance sustainable development and protect human rights.

Limitations imposed on civil society’s capacity to operate effectively would have a detrimental impact on the delivery of important development programs within the country and the government's ability to efficiently utilize nationally executed funds and international financing. Legislative initiatives aimed at disabling, stigmatizing and marginalizing civil society organizations or NGOs, whether selectively or universally, would also undermine their role as bridge builders to vulnerable populations.

The legislative proposals regarding media and freedom of association, if adopted in their current form, would inevitably disproportionately and discriminately constrain civic space, thereby adversely impairing the ability of civil society actors to deliver.

Allow me to raise some of the concern that the United Nations in Kyrgyzstan has in relation to these two draft laws in particular:

First, the proposed draft Law “On Foreign Representatives”, if adopted, would restrict the right of freedom of association, which may entail practical obstacles for non-commercial organizations to implement development projects in the Kyrgyz Republic  

The proposed new reporting requirements in the draft Law will undoubtedly be burdensome for all NGOs, and especially for small and rural NGOs. These are the ones that bear the brunt of work with the most vulnerable populations and in the most remote areas of the country.

Furthermore, the proposed amendments fail to clearly define “non-commercial organizations that participate in political activities” whilst also falling short of providing a clear legal definition of the term “civic duty”. Vague formulations present an obvious risk to civic space and potentially expose organizations engaged in service delivery or human rights organizations to arbitrary and potentially unfair treatment.

Second, on the draft Law “On Mass Media” that is currently pending review by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), the OSCE Representative on Freedom of the Media (RFoM) and the Venice Commission., allow me to remind us all that the right to freedom of expression and its corollary, the right to access information, include a right to seek, receive and impart information, ideas, concepts, and beliefs across borders and cultures. I wish tostress that this right includes not only the exchange of information that is favourable, but also information which may criticize, shock, or offend.

UN Human Rights Mechanisms have repeatedly underlined that “A free, pluralistic, uncensored and unhindered, press or other media is essential in any society to ensure the enjoyment of all human rights” and “to achieve sustainable development”.  

Ladies and gentlemen,

Domestic laws regulating fundamental freedoms should strive to uphold applicable international human rights principles and standards, including the requirement to have effective and inclusive consultations with civil society and other stakeholders during law-making; and to create an enabling environment for sustainable development.

The Kyrgyz Republic has for many years derived pride from its international recognition as a democracy where freedom of peaceful assembly, association, competitive elections, the right to free speech thrive. The UN is concerned that the efforts towards amending laws that affect the work of civil society organizations and independent media may undermine this reputation and the gains made over the last more than 30 years, and detract from the overarching goals of national development contained in the National Development Strategy until 2040, and other important instruments of State policy, including the Concept of “Kyrgyz Jarany”. 

Given the important contribution of civil society and free media to service delivery in Kyrgyzstan and to ongoing Government-led reforms, the adoption of the discussed legislation will have a significant negative impact on the country's political, economic, social and legal processes and may seriously hinder the implementation of donor cooperation programs with the Kyrgyz Republic, including in areas such as health care, education, social services and economic development, as well as in other areas where NGOs are involved as implementing partners, including for the UN system

In this regard, I would therefore like to encourage the Presidential Administration and the Parliament of the Kyrgyz Republic to hear and consider the views of all interested stakeholders today, and to hold open Parliamentary Public Hearings prior to deliberating these draft Laws in the Parliament.   

In this context, let me again commend the Kyrgyz Government for its engagement with regional and international human rights mechanisms including to seek the legal opinions from ODIHR and the Venice Commission. I would like to encourage Lawmakers that these opinions be taken into consideration in the case of the draft Law on “Foreign Representatives” - and waited for in the case of the draft Law on mass media before the adoption of these two particular pieces of legislation, with a view to maximizing the quality of the law and its adherence to international human rights law.

The UN system in Kyrgyzstan stands ready to discuss these and other aspects with any of the involved stakeholders.

Thank you.